Mr. Stephen Ryan:

I am not aware whether the National Library or the National Archives and their relevant legislation can be used in this regard. There are already legislative obligations on both RTÉ and TG4 to have an archive and to make it available. It provides that they may charge for them, however. What we would see as key, and it was one of the factors in the conclusion of the general scheme published by the Minister yesterday, is an explicit inclusion that the annual review which the regulator, Coimisiún na Meán, will carry out has to have regard to and incorporate compliance by a broadcaster with its obligations on archiving. There is an obligation under section 1(11) for broadcasters to have an archive and for them to make access available.

What is being proposed in the general scheme is that the regulator would review that. Therefore, it would become part of regulatory supervision and oversight. The intention is that if the regulator had to have regard to and consider the compliance of RTÉ and TG4, it would also feed into the consideration of setting commitments and working with the broadcasters to agree commitments and targets. Naturally, this would strengthen and improve the activities of both national broadcasters. Legislation does exist and an obligation already exists.

On the function and duties of a director general, under the existing Act and the legislation proposed by the Minister, it is quite clear that the director general is responsible for running an organisation, is the editor-in-chief and must carry out any function that the board sets for him or her when in office. It is quite clear that the board has a strategic role in setting the direction of the organisation and that the director general must carry out the associated duty. It is prescriptive. There are quite a number of objects concerning RTÉ and TG4 and this is just one of them. It is inserting just one into the functions, which is probably not seen as the approach to take. If the regulator had a stronger role, we believe there would be a tool through regulation. The new changed regime that the Minister has proposed in her Bill, which would see a stronger role for the regulator in setting the commitments for RTÉ and TG4, could benefit the archives as well.